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In an intestate situation, the surviving spouse receives all of the community property and a portion of the separate property based on a predetermined formula set out in probate law. If the decedent was not married but has children, then the children will inherit everything equally.
The law of succession involves the inquiry as to, the per- sons capable of inheriting, such as aliens, bastards and posthumous children. The law in respect to these classes of heirs, as well as that in respect to adopted children, will be considered herein.
If there is no spouse or descendants, the testator's parents and/or their descendants (collateral relatives of the testator) inherit the estate. If there are no parents or descendants of parents, grandparents and other collateral relatives inherit the estate per capita.?
Basic Principles If there is no spouse or descendants, the testator's parents and/or their descendants (collateral relatives of the testator) inherit the estate. If there are no parents or descendants of parents, grandparents and other collateral relatives inherit the estate per capita.?
The line of inheritance begins with direct offspring, starting with their children, then their grandchildren, followed by any great-grandchildren, and so on. The legal status of stepchildren and adopted children varies by jurisdiction.